Tier II Reporting

In 1986, President Reagan signed into law the Superfund Amendment and Reauthorization Act (SARA) as a revision to federal legislation dealing with hazardous substances and toxic wastes. SARA Title III, known as the Emergency Planning and Community Right to Know Act (EPCRA), required the development of a State Emergency Response Committee (SERC) as well as Local Emergency Planning Committees (LEPCs) to manage hazardous materials preparedness at the State and county level. In addition to State and local planning requirements, EPCRA Section 312 requires facilities that use or store hazardous materials above a threshold quantity to annually submit their hazardous materials inventory information to off-site officials on or before March 1st of each year. The inventory information must be available to the fire departments and emergency response agencies having jurisdiction over the facility, the respective county LEPC, and the SERC.

The State of Tennessee requires all facilities that store or use hazardous materials, operating in Tennessee, to electronically file Tier II reports through E-Plan. E-Plan complies with Federal, State, and Memphis/Shelby County LEPC hazardous materials inventory reporting requirements. In cooperation with state requirements, the MSLEPC and Shelby County Office of Preparedness do NOT require submission of hard copy Tier II reports. If your facility exist outside of Shelby County, check with the local jurisdiction for their Tier II report requirements.

Frequently Asked Questions

What are the Tier II Filing Requirements for Tennessee?

The State of Tennessee will continue to require all facilities operating in Tennessee to electronically file Tier II reports using E-Plan.

Electronic submission of the Tier II reports through E-Plan will fulfill this requirement. A paper copy is not required.

Does Tennessee Charge for submitting Tier II reports?

E-plan charges $25.00 per facility to submit a Tier II report. Charges are paid directly to E-Plan, and the State of Tennessee, MSCLEPC or Shelby County Office of Preparedness administers no additional charges.

When are Tier II reports due?

Tier II submitters, facility managers, and business owners must submit Tier II by March 1st of each year.

Who do I contact with technical questions concerning the electronic submission?

The State Emergency Response Commission (SERC) can be contacted at 615-253-3157 during business hours, or 615-741-0001 for emergencies or via email at TEMA EPCRA. Shelby County Office of Preparedness can be contacted 24-hours-a-day at 901-222-6700.

Who can request Tier II information on a specific facility?

Requests for Tier II information must be submitted to the State Emergency Response Commission in writing. All requests must include the specific facility name and address. Only the most current year is available to the public. There is a 45-day response window for requests, per the federal statute.

Requests for Tier II data can be sent via email or mailed to the Shelby County Office of Preparedness or the Memphis Shelby County LEPC

Is there a charge for First Responders to use E-Plan?

Shelby County Office of Preparedness and the MSLEPC can approve E-Plan access to first responding agencies. There is no charge for approved First Responders.